Who Is Responsible For The Flood Damages in condos?
Tuesday Feb 02nd, 2021
Maintaining a condo is quite a task. You cannot determine the responsibility for paying for the flood damages caused to a Toronto condo for sale upfront. You might think that the person whose toilet caused damages to your condo. Thus, that owner is responsible for the insurance deductible.
However, that isn’t the case. Unless the unit owner’s negligence can be proven, the condo owner will have to pay for all the damages. And, they should pay it from their own insurance.
The differences between the obligations to maintain and the obligations to repair after damage need to be understood clearly. That will assist in achieving a better view of the situation. And, if this situation arises during lofts for sale in Toronto, you need to stay alert and know the rules.
Let’s go through those details.
Obligation to Maintain
Under Section 90 of the Condominium Act, 1998, it is stated that the obligation of maintaining the common elements is with the condominium corporation. Each owner should maintain their own unit. Almost every declaration repeats the fact that being a prudent owner means maintaining his or her own unit. Owners are also responsible for all the damages caused to their own units and any other units. These stem from their failure to maintain their unit correctly.
Obligation to Repair After Damage
The Act states under Section 99 (1) that the condominium corporation is obligated to repair both the common elements as well as the units post any sort of damage. This is subject to any provision of the declaration which could bring about alterations to the corporation’s obligations. Thus, this could impose the unit owner with the responsibility to repair their unit after damage.
The Obligation of the Corporation to Obtain Insurance Coverage
Under section 99 (1) of the Condominium Act, 1998 are also details regarding the condominium corporation’s obligation. It includes obtaining insurance to cover any damage done to both the common elements and the unit caused by significant perils. These could include smoke, lightning, fire, vandalism, and explosion. Further, it includes hail, strikes, water escape, windstorm, riots or civil commotion. Moreover, it also covers impact with aircraft or vehicles, other malicious acts, or any other perils that a declaration or by-law may specify.
Responsibility of the Owner to Obtain Insurance Coverage
Maintaining a certain level of insurance coverage for damage to the units does come under the obligation of the corporation. Still, the owner also has the responsibility to have adequate insurance. This is to take care of personal property damage within their unit.
If it’s Toronto condos you’re looking at, this includes furnishings, fixtures, equipment, and decorations. It also includes personal property, chattels, and any additions or improvements to the standard unit.
The owners are under no obligation from the Act to acquire insurance. However, it is wise to obtain sufficient insurance coverage. You can also keep the alternative to pay for the repairs required for their unit.
Who is Responsible to Pay for Damages Caused by a Flood?
Regardless of whether the unit owner has maintained insurance or not, they will be responsible for paying for all the costs. These consider the costs of improvements as well. Moreover, it will also comprise additions to the standard unit or the damage inflicted on their personal possessions.
The condominium corporation’s insurance will pay for any damage caused to the standard unit. All of these statements are subject to contrary language in the declaration.
Who is Responsible to Pay the Insurance Deductible?
The beginning of the Act, specifically in section 105, states that the condominium corporation holds the responsibility to pay for any deductible. There are, however, exceptions to that point as well. For example, if the owner has caused the damage to the unit through an act or omission, the deductible will be paid by the owner. A further exception in section 105 (3) states that the condominium corporation can pass the responsibility of the deductible to the owner if it adopts a by-law to that effect.
Looking at these laws, we can deduce that it is necessary to refer to the Act. It helps to determine whether the Corporation or the unit owner repair any damages caused to a condo due to a flood.
The Declaration and the condominium by-laws need to be looked over too. No rule determines who can pay for the flood damages in condos. The condominium corporations should hire lawyers to explore their obligations better, and the owners should have a word with their insurer to make sure they are covered adequately.
The claims process that follows after a condo has been damaged due to a flood can be quite overwhelming. To make the procedure more manageable for you, reach out to us at Toronto Condo Team. Our team will make sure that we take care of your condos for sale in Toronto and that you receive the best of services and assistance. Moreover, we would also ensure that the condos for sale in Toronto.